Representing Victims of Age Discrimination
With the prevalence of restructuring and downsizing in today’s business world, companies are getting more creative finding ways to oust older workers. At Sterling Employment Law, our age discrimination lawyers in Detroit know that age discrimination can be subtle. We also know how to dig for evidence and prove that age discrimination took place.
Speak with our experienced employment discrimination attorneys for confidential and experienced legal counsel. Don’t sign a severance agreement without the advice of a skilled attorney. Call our national law firm, located in the Detroit metropolitan area, at 248-633-8916.
Age Discrimination in Layoffs: Comparing Apples to Apples
An employer might be guilty of unequally targeting older (or younger) workers when downsizing. A company is required to identify the titles and ages of every employee selected, as well as the ages and titles of the remaining employees in their group(s). Some companies are guilty of inaccurately listing these comparison groups, as they must provide the information for the relevant department. Essentially, employers must compare apples to apples.
ERISA Interference Claims
At Sterling Employment Law, we can also represent you if you were let go just prior to becoming vested in a retirement plan or a pension plan. If you were terminated to prevent you from obtaining all your hard-earned retirement benefits, contact us. We have significant experience with Employee Retirement Income Security Act (ERISA) interference claims.
Frequently Asked Questions About Age Discrimination
Employees are protected from workplace discrimination that is based on certain protected characteristics – and this age. Age discrimination is a serious issue that can harm the livelihood of hard-working employees. Our lawyers can help victims seek justice. You can learn more about age discrimination below:
What is the Age Discrimination in Employment Act (ADEA)?
Older employees may face certain biases at work because of beliefs that people of a certain age are unable to learn new skills, work as efficiently as younger workers or understand and use modern technology.
The Age Discrimination in Employment Act protects employees who are 40 years of age or older from facing unjust discrimination in hiring, promotions, discharge or other adverse employment decisions because of their age.
However, under the Elliott-Larsen Civil Rights Act (ELCRA), anyone of any age in Michigan is protected from age discrimination. What this means is that younger workers cannot face discrimination because there is a perception that these employees are less reliable, less motivated or less loyal than older workers.
What are examples of age discrimination?
Age discrimination can make it difficult for people to find and retain work. There are many examples of age discrimination. Some common cases of age discrimination include:
- Replacing older workers with younger workers
- Turning down promotions or raises to employees based on age
- Refusing to provide more training for older employees
- Forcing an older employee into retirement
- Hiring less-qualified workers because of their age difference
Employees should understand their legal rights if they believe they are victims of age discrimination. Our lawyers can help clients explore their legal options.
How do I prove age discrimination?
There are a few ways to prove that an employee was discriminated against because of their age. Substantial evidence can support a successful legal claim. We can help our clients gather evidence, including:
- Showing that an employee was replaced with a younger worker
- Showing that a policy impacted older workers
- Showing that an employee was denied training that was provided to younger employees
Evidence can be collected through emails, calls, texts or video recordings. Testimonies from other employees can also support a case.
What are the legal remedies for age discrimination?
It depends upon the goals of the person affected. In some cases, they may want to be restored to their former position. Others may seek financial damages for the losses they’ve suffered.
Contact Our Firm
In matters of employment discrimination, time is of the essence. Contact a qualified and knowledgeable Michigan attorney as soon as possible if you have been unfairly terminated or believe you are being targeted. Call us at 248-633-8916 or contact us online.